Questions rise over how county OKs labor pacts under Brown Act

When people see the board of supervisors vote on a labor deal, what they don't know is that most often, an agreement has already been reached in private.

And it's perfectly legal.

In recent weeks, questions over such negotiations have arisen as Orange County officials delay a public vote on a one-year labor pact, questioning whether potential changes to the county's pension payments need more analysis.

Supervisors' Chairman Bill Campbell is raising concerns over a proposed swap in savings from the county's health care plan for workers in exchange for higher costs to implement retroactive pension increases. Campbell said employees have to cover any increases unless the two amounts even out.

Union officials, however, argue they already have a deal under the state's collective bargaining law because the Board of Supervisors authorized county negotiators to make an offer and union members voted for it.

Nick Berardino - general manager for the Orange County Employees Association - insists that "we have an agreement."

County Counsel Ben de Mayo declined to comment on whether a public vote is required to authorize the labor pact until the Board of Supervisors takes it up in public session.

The debate is raising questions about the collective bargaining process - in which officials and labor are allowed under exemptions to state law to negotiate over wages and working conditions in private.

"Both sides have an interest in a locked-in deal that the public gets to know about only when it's a done deal," said Terry Francke, general counsel for Californians Aware.

Francke - whose group is noted for monitoring the state's open meeting law, called the Brown Act - said an exemption in the law allows government officials to negotiate with unionized employees completely in private.

"Neither side wants it known what's on the table while bargaining is going on," said Francke. "The union doesn't want the rank and file monitoring what they doing." Elected officials also get an advantage in that "they don't want their constituencies looking over their shoulder," Francke said.

These types of labor deals have received heightened focus in recent years because of soaring unfunded liabilities in public pension plans. Orange County now faces more than a $2 billion deficit in its pension system and another $1.3 billion for retiree medical benefits.

Labor and pension negotiations are a primary focus for Supervisor-elect John Moorlach, who takes office next January.

He still remembers two years ago, when the contract for the controversial "2.7 @ 55" pension enhancement was unveiled on a Friday afternoon and voted on the next Tuesday. An earlier "3 @ 50" pension enhancement for deputy sheriffs received almost no public debate at all.

"It gives no time for public input or review, which means that the unions only have to influence three people," he said.

Moorlach said he is ready to push for changes, such as including several supervisors on the county's negotiation team.

He notes that there have been longstanding concerns that the county's labor negotiators are too close to union officials.

This month, one supervisor relayed concerns to county CEO Tom Mauk after seeing the county's chief negotiator sharing lunch and champagne with a sheriff's union official at an upscale Santa Ana bistro.

"It looks awkward when staff members appear to be cozy with the unions," Moorlach said.

While labor negotiations could be done in public, Francke said past efforts to change state law have failed. "I don't think the Legislature has the spine or the stomach to change the current rules. Doing so would, I suspect, alienate organized labor and local government as well," he said.

That leaves Moorlach thinking about a recent trend used by lawmakers and Gov. Arnold Schwarzenegger.

"It sounds like this is something that's not doable in the Legislature but certainly interesting as a statewide ballot proposition."

User Agreement

Keep it civil and stay on topic. No profanity, vulgarity, racial
slurs or personal attacks. People who harass others or joke about
tragedies will be blocked. By posting your comment, you agree to
allow Orange County Register Communications, Inc. the right to
republish your name and comment in additional Register publications
without any notification or payment.